A POLICE Property Application relating to a mobile phone which was seized by gardai was withdrawn after Kilmallock Court was told the phone has been returned to its owner.
The phone was seized from Maurice Boddy, aged 33, of Caherguillamore, Grange in January after he made allegations against a member of the gardai relating to his non-appearance in court for Road traffic matters on January 3, last.
Making an application for the return of the phone last month, Jack Nicholas BL said the phone was very important for his client’s work life and social life.
He added that there was information on the phone that gardai have no right to view. “They have no entitlement to view any other information on the phone of a private nature, ” said Mr Nicholas, who handed in two letters to the judge requesting to meet gardai.
“They said they would be in contact but they haven’t been in contact, ” he said.
“He is a tradesman. He receives emails to the phone, his (AA) sponsors’ numbers are on the phone. It is a very important matter to Mr Boddy, ” said Mr Nicholas.
Previously Kilmallock Court was told the phone was “essential evidence” in the garda investigation into the claims made by Mr Boddy.
Last week, solicitor Jenny Fitzgibbon said she was withdrawing the application as the phone had been returned to her client by gardai.
Separately, Judge Mary Larkin was told Mr Boddy will be contesting charges that he assaulted two gardai during an incident at his home on January 21, last.
After being informed that be up to eight witnesses are expected to give evidence during the hearing, Judge Larkin adjourned the case to May 13, next.
The road traffic matters were adjourned to the same date.